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Patna High Court

Jhunnu PandeyversusThe State of Bihar through Mr. K.K. Pathak,

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to avail other legal remedies.

Summary

Jhunnu Pandey filed a writ petition challenging the disposal of an encroachment appeal (Case No. 54 of 2022) by the District Magistrate, East Champaran, and sought a status quo. The High Court noted that the earlier order dated 10.10.2023 in CWJC No. 4083 of 2023 had been complied with, but the petitioner still desired liberty to pursue other legal remedies. The Court granted the requested liberty, allowing the petitioner to approach other forums for redress. Consequently, the petition was disposed of after granting the relief. The order was pronounced by Justice Mohit Kumar Shah.

Issues considered

  • Whether the petitioner is entitled to liberty to avail other legal remedies despite the status quo order

Subjects

  • writ jurisdiction
  • encroachment
  • status quo
  • liberty to approach
  • civil procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2583 of 2024
                                                       In
                                Civil Writ Jurisdiction Case No.4083 of 2023
                 ======================================================
                 Jhunnu Pandey, Gender – Male, Son of Late Baijnath Pandey, Resident of
                 village- Gangapipra, Police Station- Paharpur, District- East Champaran.

                                                                           ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through Mr. K.K. Pathak, Son of not Known Presently
                 Posted as principal secretary revenue and land reforms government of Bihar,
                 Patna.
           2.    Mr. Shrisat Kapil Ashok, Son of Not Known The then posted as The
                 Collector-cum-DM Sheohar, District- East Champaran at Motihari, Bihar.
           3.    Mr. Sanjeev Kumar Son of not known, The then posted as The S.D.O cum
                 S.D.M Areraj, District- East Champaran, Bihar.
           4.    Mr. Amit Kumar, Son of Not Known, The then Posted as The Circle officer,
                 Block- Paharpur, District- East Champaran, Bihar.
           5.    Ashok Ram Son of Late Shri Kishun Ram Resident of village Ganga Pipra,
                 Police Station- Paharpur, District- East Champaran, Bihar.
           6.    Raj Kumar Ram Son of Ashok Ram Resident of village Ganga Pipra, Police
                 Station- Paharpur, District- East Champaran, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s   :     Mr. Sarvesh Kashyap
                                              Mr. Deepak Kumar, Advocate
                                              Mr. Akash Rai, Advocate
                 For the State          :     Mr. Ebadur Rahma Shakeb, AC to AAG 13

                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

5   18-03-2026                   Admittedly, in compliance of the order of this Court

                   dated 10.10.2023 passed in CWJC No. 4083 of 2023, the

                   District Magistrate, East Champaran at Motihari has disposed of

                   the appeal bearing Encroachment Appeal Case No. 54 of 2022.

                   Nonetheless, it is pointed out that one of the encroachers has
          Patna High Court MJC No.2583 of 2024(5) dt.18-03-2026
                                                      2/2




                    filed writ petition before this Court and order of status quo has

                    been passed therein.

                                 2. In view of the aforesaid, the learned counsel for the

                    petitioner seeks liberty to avail such remedies as are otherwise

                    available under the law for redressal of his subsisting grievance.

                    Liberty, so sought, is granted.

                                 3. Accordingly, the present petition stands disposed

                    of.


                                            (Mohit Kumar Shah, J)

GAURAV S./-
U


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